8th Conference on Anti-Corruption France - DS

Page 1

SPECIAL OFFER!

Bring a Colleague on Us.*

* See page 2 for details.

With the Participation of the Parquet National Financier

8th Conference on

Anti-Corruption FRANCE

10–11 October 2022 • Paris Marriott Champs-Élysées Hotel

The only comprehensive event providing practical strategies for Sapin II and global compliance programme implementation

Earn

Unparalleled Networking and Benchmarking with Thought Leaders From:

CHEVRON-RIGHT CNP Assurances

CHEVRON-RIGHT Credit Agricole CIB (CACIB)

CHEVRON-RIGHT DB Schenker

CHEVRON-RIGHT Europcar Mobility Group

CHEVRON-RIGHT French Board Members Association

CHEVRON-RIGHT GE Renewable Energy

CHEVRON-RIGHT Groupe cooperatif MAisadour

CHEVRON-RIGHT Nestlé

CHEVRON-RIGHT RATP Dev

Supporting Sponsor

M. Jean-François Bohnert, Chief Public Prosecutor

Learn the Expectations and Priorities of the Agence Française Anti-Corruption

M. Charles Duchaine, Director

Special Interviews With:

Daniëlle Goudriaan

European Prosecutor

European Public Prosecutor’s Office (EPPO) Incoming Chair of the OECD’s Working Group on Bribery

David Last Chief, FCPA Unit, U.S. Department of Justice

Charles Cain Chief, FCPA Unit

U.S. Securities and Exchange Commission

Learn the Newest and Most Effective Best Practices for:

Check Developing a compliant risk map and conducting effective risk analyses

Check Coordinating parallel and multi-jurisdictional investigations and proceedings

Check Managing whistleblower programmes and complaints, and fostering a culture of corporate compliance

Check Tailoring your compliance programme to the unique realities of high-risk markets

Check Getting ahead of GDPR and the lesser-known data obligations that underpin compliance activities

Associate Sponsors

REGISTER NOW C5-Online.com/AC-France • 888 224 2480 Part of C5 Group’s ANTI-CORRUPTION GLOBAL SERIES
CPD
CREDITS

SPECIAL OFFER! Bring a Colleague on Us.

DISTINGUISHED FACULTY

CO-CHAIRS

ESTEEME D FACULTY

Claude-Etienne Armingaud Partner

K&L Gates

Nicola Bonucci Partner, Paul Hastings

Former Director of Legal Affairs, OECD

Audrey Morin Group Compliance Director Schneider Electric

GOVERNMENT FACULTY

Jean-François Bohnert

Chief Public Prosecutor Parquet National Financier (PNF)

Charles Duchaine Director

French Anti-Corruption Agency (AFA)

Daniëlle Goudriaan

European Prosecutor

European Public Prosecutor’s Office (EPPO)

Incoming Chair of the OECD’s Working Group on Bribery

David Last Chief, FCPA Unit

U.S. Department of Justice

Charles Cain Chief, FCPA Unit

U.S. Securities and Exchange Commission

Julien Laumain

Department Head, Audits

French Anti-Corruption Agency (AFA)

Media Partners

Martine Beamon Partner

Davis Polk & Wardwell LLP

Raymond Bonci

Senior Vice President, Chief Ethics & Compliance Officer Airbus

Stéphane Bonifassi Founding Partner Bonifassi Avocats

Nicolas Brooke

Global Head of Ethics Credit Agricole CIB

Samuel Bwana

Regional Head, Africa Region World Bank Group, Integrity Vice Presidency

Hélène Carrière-Bonnet

Group Director of Compliance EUTELSAT

Astrid Mignon Colombet Partner

August Debouzy

Karen Coppens National Partner Dechert LLP

Dominique Dedieu Founding Partner 3Dtic Avocats

Emmanuel Dunet-Larousse General Counsel, Compliance and Internal Control Groupe cooperatif MAisadour

Michaëlle Durand

Regional Compliance Manager DB Schenker

Roxana Family Founder and Director

Chaire Droit & Ethiques des Affaires

The first 20 companies and financial institutions that register a delegate will automatically secure a complimentary pass for a colleague from the same organisation*.

To apply for this offer or to inquire about individual registrations, please email AntiCorruption@C5-Online.com

*Offer not applicable to service and solutions providers. C5 reserves the right to review eligibility. Offer is only available for in-person attendance.

Cécilia Fellouse-Guenke Manager

Compliance for Good

Alexandre Guillaume President GRACE Advisory

John Harrison General Counsel Airbus

Géraldine Hivert-de Grandi Group Legal & Compliance Director RATP Dev

Anne-Séverine Jacquot Director of Compliance GEODIS

Viviane Joynes Managing Director EQS Group

Daniel Kahn Partner Davis, Polk & Wardwell LLP

Capucine Lanta de Berard Partner

Soulez-Larivière Avocats

Christian Laveau Group Internal Audit, Internal Control and Risk Management Director

Europcar Mobility Group

Daphné Latour Founding Partner

DL Avocats

Ludovic Malgrain Partner White & Case LLP

#C5ACFrance twitter: @C5_Conferences linkedin: C5 Anti-Corruption Experts: Networking Group

Lydia Méziani

Legal Director, Compliance, Human Rights and Ethics Nestlé France

Marie-Agnès Nicolas Partner

Hughes Hubbard & Reed LLP

Eric Russo Partner, Quinn Emanuel Urquhart & Sullivan

Former Prosecutor of the Parquet National Financier

Jean-Lou Salha Partner

White & Case LLP

Sophie Scemla Partner

Gide Loyrette Nouel

Eric Seassaud, Ph.D Partner

SQUAIR Law Office

Bryan Sillaman Partner

Hughes Hubbard & Reed

Jean Baptiste Siproudhis Partner – Ethics, Compliance and CSR Finnegan

Ghalia Souidi Chief Compliance Officer GE Renewable Energy

Evelyn Tortosa Director of Compliance

CNP Assurances

2 |

CONFERENCE DAY 1

Monday, 10 October 2022

7:45

Registration and Breakfast

8:45

Opening Remarks from the Co-Chairs

MICROPHONE Audrey Morin, Group Compliance Director, Schneider Electric

Nicola Bonucci, Partner, Paul Hastings, Former Director of Legal Affairs, OECD

9:00

Special Interview: AFA Priorities and Expectations

MICROPHONE Charles Duchaine, Director, AFA

INTERVIEWED BY:

Audrey Morin, Group Compliance Director, Schneider Electric

9:30

Risk Analysis and Risk Mapping in Real Life: The Newest, Most Effective Best Practices for Putting Paper Into Practice

MICROPHONE Emmanuel Dunet-Larousse, General Counsel, Compliance and Internal Control, Groupe cooperatif MAisadour

Daphné Latour, Founding Partner, DL Avocats

One of the three inseparable pillars supporting the anti-corruption framework, risk mapping, is a key tool for awareness of corruption risk. Successful risk mapping requires 1) knowledge of the company’s scope and its activities, including the managerial, operational and support processes required for these activities 2) identification of the roles and responsibilities of the players concerned at all levels within the company and 3) developing risk profiles to include in risk mapping. But what does that mean in practice, substantively and procedurally? In this session, topics of discussion will include:

• Fleshing out the AFA Guidelines and Sapin II requirements

• Distinctions between mapping by process vs by country vs by risk

• Identifying and prioritising the most significant risks (e.g., commercial consultants, intermediaries, sponsorship, patronage and donations, conflicts of interest, investment projects, cash payments)

• Maintaining your risk map

10:30

Networking Break

11:00

Special Interview with the Incoming Chair of the OECD’s Working Group on Bribery

MICROPHONE

Daniëlle Goudriaan, European Prosecutor, European Public Prosecutor’s Office (EPPO) Incoming Chair of the OECD’s Working Group on Bribery

INTERVIEWED BY:

Nicola Bonucci, Partner, Paul Hastings

Former Director of Legal Affairs, OECD

11:30

Managing Whistleblowing Programmes and Complaints in Real Life: Incorporating the EU Directive and Fostering a Corporate Culture of Compliance

MICROPHONE

Roxana Family, Founder and Director, Chaire Droit & Ethiques des Affaires

Nicolas Brooke, Global Head of Ethics, Credit Agricole CIB

Eric Seassaud, Ph.D, Partner, SQUAIR Law Office

Viviane Joynes, Managing Director, EQS Group

Sapin II requires that all private companies with at least 50 employees and some public organizations create and implement a Whistleblower programme as part of risk management. Changes were recently made to Sapin II to incorporate the E.U.’s Directive on Whistleblowing protections, but the OECD’s Report on the implementation of its Anti-Bribery Convention in France calls this system incomplete, and with real weaknesses that dissuade whistleblowers from coming forward. Therefore, following the letter of the law may not be enough, and more is required than simply having a programme – the corporate culture must support its use. In this comprehensive session, topics of discussion will include:

• The lengths and limits of whistleblower protections

• Who is protected by the protective measures and who is not

• Reviewing the different types of whistleblowing programmes and assessing which solution is the right one for your organisation

• Responding effectively to complaints received through the programme

• Strategies to foster a corporate culture of compliance

12:30

Networking Luncheon

14:00

Interview with the DOJ and SEC

MICROPHONE David Last, Chief, FCPA Unit, U.S. Department of Justice

Charles Cain, Chief, FCPA Unit, U.S. Securities and Exchange Commission

INTERVIEWED BY:

Daniel Kahn, Partner, Davis, Polk & Wardwell LLP

REGISTER NOW C5-Online.com/AC-France • 888 224 2480 Part of C5 Group’s ANTI-CORRUPTION GLOBAL SERIES

Tailoring Your Global Compliance Programme to the Unique Realities of High Risk Markets

MICROPHONE

Ghalia Souidi, Chief Compliance Officer, GE Renewable Energy

Jean Baptiste Siproudhis, Partner – Ethics, Compliance and CSR, Finnegan

Jean-Lou Salha, Partner, White & Case LLP

Anne-Séverine Jacquot, Director of Compliance, GEODIS

Hélène Carrière-Bonnet, Group Director of Compliance, EUTELSAT

The multinational companies falling under the purview of Sapin II face unique compliance challenges and non-compliance may lead to sanctions and/or a referral to a public prosecutor. In this comprehensive session, topics of discussion will include:

• Identifying metrics, and developing the right risk profile

• Adapting the anti-corruption programme to different customs and local regulations

• Overcoming hurdles to implementing your programme across multiple jurisdictions

• Best practices for monitoring employee and management compliance with the programme on a multinational level

15:45

Networking Break

16:15

Overcoming the Newest GDPR and Privacy Law Challenges in the Anti-Corruption Context: Special Considerations for the Use of Data Analytics and Technology for Internal and External Investigations

MICROPHONE

Claude Etienne Armingaud, Partner, K&L Gates

Stéphane Bonifassi, Founding lawyer, Bonifassi Avocats

Technology-assisted review and analytics options are used increasingly in internal and external investigations, especially by multinationals. Utilizing data analytics can bring efficiency, accuracy, and cost savings. However, the intersection of law and technology raises unique privacy and other legal concerns during internal and external investigations, and this session will get you up to speed. Topics of discussion will include:

• Reviewing how data analytics and e-discovery can assist in multinational investigations

• Understanding your obligations under Schrems II, the GDPR, and other legislation

• Learning best practices for complying with these obligations during internal or external investigations, due diligence, and whistleblower reporting

• Comparing and incorporating the guidelines of CNIL and the European Data Protection Board, amongst others

• Extrapolating the impact of the proposed Trans-Atlantic Data Privacy Framework on your daily practice

17:00

Day One Adjourns

CONFERENCE DAY 2

Tuesday, 11 October, 2022

7:45

Registration and Breakfast

8:45

Opening Remarks from the Co-Chairs

9:00

Special Interview with the PNF

MICROPHONE Jean-Francois Bohnert, Chief Public Prosecutor, Parquet National Financier (PNF)

INTERVIEWED BY:

Capucine Lanta de Berard, Partner, Soulez-Larivière Avocats

9:30

Meeting Heightened Expectations for Third Party Due Diligence: The Newest Takeaways and Pitfalls to Avoid

MICROPHONE Dominique Dedieu, Founding Partner, 3Dtic Avocats

Michaëlle Durand, Regional Compliance Manager, DB Schenker

Evelyn Tortosa, Director of Compliance, CNP Assurances

Cécilia Fellouse-Guenke, Manager, Compliance for Good

The AFA requires that companies falling under the purview of Sapin II conduct third-party due diligence as part of their risk management (one of the three “pillars” identified by AFA as being essential to an anti-corruption framework). In this session, topics of discussion will include:

• Managing the rising costs of conducting third party due diligence

• Dissecting how far the obligation extends for international companies based in France (e.g., employees, clients, suppliers, etc)

• Identifying risk factors and metrics to incorporate into your due diligence plan

• Strategizing third party risk management when onboarding new commercial partners

10:30

Networking Break

10:45

Innovative and Practical Strategies for Managing ESG Risks and Human Rights Due Diligence

MICROPHONE Lydia Méziani, Legal Director, of Compliance, Human Rights, and Ethics, Nestlé France

Astrid Mignon Colombet, Partner, August Debouzy

Bryan Sillaman, Partner, Hughes Hubbard & Reed

Karen Coppens, National Partner, Dechert LLP

4 | #C5ACFrance twitter: @C5_Conferences
14:45
linkedin: C5 Anti-Corruption Experts: Networking Group

In addition to France’s Duty of Vigilance Law, new EU legislation requires companies to conduct extensive due diligence involving ESG risk assessments, and also audit their public reported information. In France, four lawsuits have already been brought by NGOs against French companies for making allegedly misleading claims about their sustainability or environmental impact. In this session, you will learn how to reduce the risks that now come with compliance. In this session, you will:

• Understand why human rights and ESG have assumed a new prominence in the minds of stakeholders, regulators and the wider public

• Receive an overview of how recently adopted and proposed legislation will require companies to conduct extensive due diligence involving ESG risk assessments and compliance with human rights and why companies will need to audit their publicly reported information

• Have an overview of practical steps companies can take to adapt to the risks associated with the increase in regulation and scrutiny

• Understand how developing an integrated approach and taking proactive measures will lead to increased business value

11:45

The Finer Points of Managing Parallel and Multi-Jurisdictional Investigations and Proceedings

MICROPHONE Eric

Ludovic Malgrain, Partner, White & Case LLP

Géraldine Hivert-de Grandi, Group Legal & Compliance Director, RATP Dev

The 2020 revisions to Sapin II implemented a heightened focus on individual liability in anticorruption cases, which in turn creates self-incrimination concerns when the company requests a CJIP. The increasing efforts to criminally prosecute corruption and bribery has led to a significant upsweep in different governmental agencies communicating with each other and as a result, effective defense strategies must also include a multi-faceted approach, which is easier said than done. In this session, topics of discussion include:

• Reviewing recent case law concerning CRCs with a corresponding CJIP

• Knowing which governmental agencies to work with and understanding how much they share:

» Coordinating abroad: US DOJ FCPA unit, the European Anti-Fraud Office and the European Public Prosecutor's Office, the UK SFO, and JIRS

» Coordinating with local enforcement: PNF, AFA, Central Office for the Fight against Corruption and Financial and Tax Offences (OCFLCIFF).

• Strategies to mitigate the risks of disclosure in parallel proceedings

• Reviewing the reform of legal privilege in France

12:45

Networking Luncheon

14:00

When the AFA Comes Calling: Preparing For and Participating in an AFA Audit

MICROPHONE Julien Laumain, Department Head, Audits, French Anti-Corruption Agency (AFA)

Sophie Scemla,Partner, Gide Loyrette Nouel

Alexandre Guillaume, President, GRACE Advisory

Since 2017, AFA has conducted 84 audits on business entities and 41 audits of government entities. Given the intensifying enforcement landscape, more companies are taking steps to prepare for an AFA audit. Topics to be discussed include:

• Dissecting the AFA guidelines

• Understanding what type of legal privilege does or does not apply

• Different approaches with regard to thematic and comprehensive audits

• Responding to AFA warnings

• Best practices while the audit is ongoing

• When to hire outside counsel

15:00

Airbus Case Study

MICROPHONE John Harrison, General Counsel, Airbus

Raymond Bonci, Senior Vice President, Chief Ethics & Compliance Officer, Airbus

INTERVIEWED BY:

Martine Beamon, Partner, Davis Polk & Wardwell LLP (USA)

Since the enactment of Sapin II, only a dozen or so CJIPs have been entered in to, and only a handful of CJIPs have concluded, from which important lessons can be learned. In this session, gain invaluable insights through a special case study on the implementation, progression, and conclusion of a CJIP.

16:00

Networking Break

16:15

Risk Mitigation Strategies for Doing Business: Africa

MICROPHONE Christian Laveau, Group Internal Audit, Internal Control and Risk Management Director, Europcar Mobility Group

Samuel Bwana, Regional Head, Africa Region, World Bank Group, Integrity Vice Presidency

MODERATED BY:

Marie-Agnès Nicolas, Partner, Hughes Hubbard & Reed LLP

In 2020, France ranked first in Europe and second in the world among exporters to Africa in 2020, with a 5.2% share of the African market, and French companies are investing massively in Africa. President Marcon has been outspoken about augmenting France’s relationship with Africa, including a recent commitment of $3bn to various African startups and MSMEs.

As you assess the risks and benefits of your current or potential business in Africa, join this closing session to gain invaluable insights on the unique anti-corruption and compliance considerations affecting your strategy.

• Special considerations for entrepreneurship involving government grants or funding

• Implanting the culture of compliance within African subsidiaries and maintaining effective dialogue

• Best practices for meeting AFA and local and regional standards

17:00

Conference Concludes

REGISTER NOW C5-Online.com/AC-France • 888 224 2480 Part of C5 Group’s ANTI-CORRUPTION GLOBAL SERIES

About us:

VENUE INFORMATION

HOTEL: Paris Marriott Champs-Élysées Hotel

ADDRESS: 70 Av. des Champs-Élysées, 75008 Paris, France

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